59.42(2)(b)2.
2. Give advice to the board, county park commission, county department under
s. 46.215 or
46.22 and other departments, boards, commissions, committees, agencies or officers of the county, when requested, in all civil matters in which the county or state is interested or relating to the discharge of the official duties of such departments, boards, commissions, committees, agencies or officers; examine all claims against the county for officers', interpreters', witnesses' and jurors' fees in civil actions and examinations, when presented to the county board of supervisors, and report in writing thereto as to the liability of the county for any and all claims of whatever nature filed against it; and act as legislative counsel for the county board of supervisors when so authorized by it.
59.42(2)(b)3.
3. Serve as legal adviser to the county highway commissioner and county highway committee, draw all papers required in the performance of their duties and attend to all civil legal matters in and out of court where the commissioner or committee is a party or wherein the acquisition of lands for state or county highway purposes is concerned.
59.42(2)(b)4.
4. Perform all duties in connection with civil matters relating to the county or any agency, board, commission or officer thereof or to the state within the county that are imposed by any statute upon the district attorney of the county and for such purposes the term "district attorney" wherever it appears in the statutes relating to duties of a civil nature shall, with regard to counties containing a population of 500,000 or more, mean the corporation counsel. Opinions of the corporation counsel shall have the same force and effect as opinions of the district attorney except that in matters relating to elections the district attorney shall have the right of review. After May 17, 1957, the district attorney's powers and duties as to civil matters shall cease to the extent that they are conferred upon the corporation counsel and the district attorney shall be relieved of the responsibility of performing such duties. The corporation counsel may request the attorney general to consult and advise with the corporation counsel in the same manner as district attorneys under
s. 165.25 (3).
59.42(3)
(3) Corporation counsel; attorney designee. In lieu of employing a corporation counsel under
sub. (1) or in addition to employing a corporation counsel under
sub. (1) or
(2) (a), a board shall designate an attorney to perform the duties of a corporation counsel as the need arises. Two or more counties may jointly designate an attorney to perform the duties of a corporation counsel. If an attorney has been designated to perform the duties of a corporation counsel, that person may exercise any powers and perform any duties of the corporation counsel.
59.42 History
History: 1995 a. 201 ss.
158,
324,
329,
330,
332,
333.
59.42 Annotation
Under s. 59.07 (44) [now 59.42 (1)], a corporation counsel may apprise a county board of the consequences, both civil and criminal, that result from specific actions of the board. State v. Davis,
63 Wis. 2d 75,
216 N.W.2d 31 (1974).
59.42 Annotation
A corporation counsel should provide legal advice and representation to ss. 51.42/51.437 boards, as well as to the county board. 63 Atty. Gen. 468.
59.42 Annotation
Appointment, supervision, and removal of a corporation counsel is discussed.
72 Atty. Gen. 161.
59.43
59.43
Register of deeds; duties, fees, deputies. 59.43(1)(1)
Register of deeds; duties. The register of deeds shall:
59.43(1)(a)
(a) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, instruments and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided such documents have plainly printed or typewritten thereon the names of the grantors, grantees, witnesses and notary. The register of deeds shall record and file or cause to be recorded and filed all plats and certified survey maps that are authorized to be accepted for recording and filing in his or her office. Any county, by a resolution duly adopted by the board, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats or other recorded or filed instruments or classes of documents as long as separate indexes may be produced. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting under
ch. 228 may substitute the headings, reel, disk or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced or copied on or transferred to the same reel, disk or electronic file or part of a reel or disk. All recordings made prior to June 28, 1961, which would have been valid under this paragraph, had this paragraph then been in effect, are hereby validated. In this subsection, "book", if automated recording or indexing equipment is used, includes the meaning given under
sub. (12) (d).
59.43(1)(c)
(c) State upon the record of any conveyance of real estate the real estate transfer fee paid or, if the conveyance is not subject to a fee, the reason for the exemption, citing the relevant subsection of
s. 77.25.
59.43(1)(d)
(d) Keep safely and maintain the documents, images of recorded documents and indexes mentioned in this section and in
s. 84.095 in the manner required.
59.43(1)(e)
(e) Endorse upon each instrument or writing received by the register for record a certificate of the date and time when it was received, specifying the day, hour and minute of reception, which shall be evidence of such facts. Instruments shall be recorded in the order in which they are received.
59.43(1)(f)
(f) Endorse plainly on each instrument a number consecutive to the number assigned to the immediately previously recorded or filed instrument, such that all numbers are unique for each instrument within a group of public records that are kept together as a unit and relate to a particular subject.
59.43(1)(g)
(g) Safely keep and return to the party entitled thereto, on demand within a reasonable time, every instrument that is left with the register for record not required by law to be kept in the register's office.
59.43(1)(h)
(h) Register, file and index all marriages contracted, deaths and births occurring in the county.
59.43(1)(i)
(i) Make and deliver to any person, on demand and upon payment of the required fees, a certified copy, with the register's official seal affixed, of any record, paper, file, map or plat in the register's office.
59.43(1)(j)
(j) File and safely keep in the register's office all of the records, documents and papers of any post of the Grand Army of the Republic and of any historical society in the register's county.
59.43(1)(k)
(k) Keep an index of all organizational documents of corporations, fraternal societies, religious organizations, associations and other entities, and all amendments of such documents, that are allowed or required by law to be filed or recorded in the register's office. The index shall access the documents by the names of the corporations, fraternal societies, religious organizations, associations and other entities, and shall contain a reference to the document number or volume and page number where the documents are filed or recorded in the register's office.
59.43(1)(L)
(L) File all documents pertaining to security interests, as defined in
s. 401.201 (37) (a), that are required or authorized by law to be filed with the register. Except as otherwise prescribed by the department of financial institutions under
subch. V of ch. 409, these documents shall be executed in a manner that satisfies the requirements set forth in
sub. (2m) (b) 1. to
5.
59.43(1)(m)
(m) Keep these chattel documents in consecutive numerical arrangement, for the inspection of all persons, endorsing on each document the document number and the date and time of reception.
59.43(1)(n)
(n) Upon the filing of a financing statement or other document evidencing the creation of a security interest, as defined in
s. 401.201 (37) (a), required to be filed or recorded with the register under
s. 409.501 (1) (a), index the statement or document in the real estate records index under
sub. (9).
59.43(1)(o)
(o) Upon the filing of an assignment, continuation statement, termination statement, foreclosure affidavit, extension, or release pertaining to a filed financing statement or other chattel security document, index the document in the real estate records index under
sub. (9).
59.43(1)(p)
(p) Perform all other duties that are required of the register of deeds by law.
59.43(1)(q)
(q) Record and index writings that are submitted according to
s. 289.31 (3), evidencing that a solid or hazardous waste disposal facility will be established on the particular parcel described in the writings.
59.43(1)(r)
(r) Record and index marital property agreements under
ch. 766 and statements and revocations under
s. 766.59.
59.43(1)(s)
(s) Record and index statements of claim and perform the other duties specified under
s. 706.057 (7).
59.43(1)(t)
(t) Upon commencement of each term, file his or her signature and the impression of his or her official seal or rubber stamp in the office of the secretary of state.
59.43(1)(u)
(u) Submit that portion of recording fees collected under
sub. (2) (ag) 1. and
(e) and not retained by the county to the land information board under
s. 59.72 (5).
59.43(1)(um)
(um) Submit that portion of recording and filing fees collected under
sub. (2) (ag) 1. or
(e) and not retained by the county to the land information board under
s. 59.72 (5).
59.43(2)
(2) Register of deeds; fees. Every register of deeds shall receive the following fees:
59.43(2)(a)1.1. In this subsection, "page" means one side of a single sheet of paper.
59.43(2)(a)2.
2. Any instrument that is submitted for recording shall contain a blank space at least 2.5 inches by 2.5 inches in size for use by the register of deeds. If the space is not provided, the register of deeds may add a page for his or her use and charge for the page a fee that is established by the county board not to exceed an amount reasonably related to the actual and necessary cost of adding the page.
59.43(2)(ag)1.1. Subject to
s. 59.72 (5), for recording any instrument entitled to be recorded in the office of the register of deeds, $11 for the first page and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under
s. 185.83 (1) (b).
59.43 Note
NOTE: Subd 1. is affected by
2001 Wis. Act 16 and by
1997 Wis. Act 27. The two treatments are irreconcilably in conflict. The treatment by
2001 Act 16 was effective 9-1-01. The treatment by
1997 Wis. Act 27 was originally to be effective 9-1-03, as provided in section 9456 (3m) of that act.
2001 Wis. Act 16, section
4041b, amended
1997 Wis. Act 27, section
9456 (3m), to delete the 9-1-03 delayed date for the treatment by
1997 Wis. Act 27, rendering the treatment effective not later than 9-1-01, the effective date of the amendment of
1997 Wis. Act 27, section
9456 (3m) by
2001 Wis. Act 16, section
4041b.
2003 Wis. Act 48, section
11, creates
1997 Wis. Act 27, section
9456 (3m) (b), which contains an effective date of 7-1-05 for the treatment by
1997 Wis. Act 27, but as a result of
2001 Wis. Act 16, section
4041b, that treatment is already effective. Subd. 1. is shown above as affected by the last passed act,
2001 Wis. Act 16. Subd. 1. as affected by
1997 Wis. Act 27, as affected by
2001 Wis. Act 16, section
4041b, is shown below.
Effective date text
1. For recording any instrument entitled to be recorded in the office of the register of deeds, $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b).
59.43(2)(ag)2.
2. In the event of conflict in the statutes regarding recording fees,
subd. 1. shall control, except that
subch. V of ch. 409 and
s. 409.710 shall control this section.
Effective date note
NOTE: Par. (ag) is repealed and recreated eff. 9-1-05 by
2003 Wis. Act 206 to read:
Effective date text
(ag) 1. For recording any instrument entitled to be recorded in the office of register of deeds, $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b).
Effective date text
2. In the event of conflict in the statutes regarding recording fees, subd. 1. shall control, except that subch. V of ch. 409 and s. 409.710 shall control this section.
59.43(2)(ar)
(ar) No person may record under this section a single instrument that contains more than one mortgage, or more than one mortgage, being assigned, partially released or satisfied.
59.43(2)(b)
(b) For copies of any records or papers, $2 for the first page plus $1 for each additional page, plus $1 for the certificate of the register of deeds, except that the department of revenue is exempt from the fees under this paragraph.
59.43(2)(c)
(c) Notwithstanding any other provision of law the register of deeds with the approval and consent of the board may enter into contracts with municipalities, private corporations, associations, and other persons to provide noncertified copies of the complete daily recordings and filings of documents pertaining to real property for a consideration to be determined by the board which in no event shall be less than cost of labor and material plus a reasonable allowance for plant and depreciation of equipment used.
59.43(2)(d)
(d) For performing functions under
s. 409.523, the register shall charge the fees provided in
s. 409.525, retain the portion of the fees prescribed under
s. 409.525, and submit the portion of the fees not retained to the state. A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this paragraph. Whenever there is offered for filing any document that is not on a standard form prescribed by
ch. 409 or by the department of financial institutions or that varies more than 0.125 inch from the approved size as prescribed by
sub. (1), the appropriate fee provided in
s. 409.525 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.
59.43(2)(e)
(e) Subject to
s. 59.72 (5), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $11 for the first page and $2 for each additional page.
Effective date note
NOTE: Par. (e) is repealed and recreated eff. 9-1-05 by
2003 Wis. Act 206 to read:
Effective date text
(e) For filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, and $2 for each additional page.
59.43(2)(f)
(f) The fees for processing vital records or for issuing copies of vital records shall be as provided in
s. 69.22.
59.43(2)(g)
(g) For making a new tract index upon the order of the board, the amount that is fixed by the board, to be paid from the county treasury.
59.43(2)(h)
(h) For recording and filing a cemetery plat under
s. 157.07, a subdivision plat under
s. 236.25 or a condominium plat under
s. 703.07, $50.
59.43(2)(j)
(j) All fees under this subsection shall be payable in advance by the party procuring the services of the register of deeds, except that the fees for the services performed for a state department, board or commission shall be invoiced monthly to such department, board or commission.
59.43(2m)
(2m) Standard format requirements for recorded documents. 59.43(2m)(a)(a) Except as provided in
pars. (d) and
(e), no document may be recorded in the office of a register of deeds unless it substantially complies with all of the following on the first page of the instrument:
59.43(2m)(a)1.
1. The name of the instrument is clear and is located not less than 0.5 inch nor more than 3 inches from the top of the document. If more than one instrument name is given, the first name given shall be used for indexing purposes.
59.43(2m)(a)2.
2. A horizontal area within 3 inches of the top of the instrument in the upper left corner of the instrument, not less than 0.5 inch by 2 inches, is left blank for the unique document number.
59.43(2m)(a)3.
3. An area in the upper right corner of the instrument, at least 3 inches by 3 inches, is left blank for recording information.
59.43(2m)(a)4.
4. A horizontal area for the return address, at least one inch by 3 inches, is on the instrument in one of the following areas:
59.43(2m)(a)4.a.
a. Directly below the recording information area described under
subd. 3.
59.43(2m)(a)4.c.
c. Directly below the name of the instrument if the return address does not extend further than 3 inches from the top of the instrument.
59.43(2m)(a)5.a.a. Subject to
subd. 5. b. and
c., a space and a line are provided directly below the return address information and the line is labeled as "parcel identifier number", "parcel identification number", "parcel ID number", "parcel number" or "PIN".
59.43(2m)(a)5.b.
b. If multiple parcels are affected by the instrument, the line described under
subd. 5. a. may be used to refer the reader to another area of the instrument where the parcel identifier number is located.
59.43(2m)(a)5.c.
c. Subdivision 5. a. applies only in a county whose board requires the use of a parcel identifier number.
59.43(2m)(a)6.
6. The margins on the bottom and sides of the instrument are at least 0.25 inch.
59.43(2m)(b)
(b) Except as provided in
pars. (d) and
(e), no document may be recorded in the office of a register of deeds unless it substantially complies with all of the following:
59.43(2m)(b)2.
2. The page width is 8.5 inches and the page length is either 11 inches or 14 inches. The maximum deviation from any of these measurements may not exceed 0.25 inch.
59.43(2m)(b)3.
3. A multipage instrument is not hinged or otherwise joined completely at the top or sides.
59.43(2m)(b)4.
4. The entire document is clear and the letters, numbers, symbols, diagrams and other representations in the document are large enough and dense enough to be reproduced or read by a copy machine and a microfilm camera or optical scanner to the extent that the image captured is legible.
59.43(2m)(b)5.
5. The ink is black or red, except that signatures and coded notations on maps may be other colors.
59.43(2m)(b)6.
6. The top margin of each page is 0.5 inch, except that company logos may appear within this margin if they do not interfere with any of the other requirements of this subsection.
59.43(2m)(c)
(c) The register of deeds shall provide, upon request, a blank form which a person may complete and use as the first page of an instrument that the person seeks to record. The blank form shall be provided without charge and shall conform to the provisions of
pars. (a) and
(b).
59.43(2m)(d)1.
1. Copies of documents that are certified by the state or by a city, village, town or county, or by a subunit or instrumentality of any of the foregoing.
59.43(2m)(e)
(e) Every instrument that the register of deeds accepts for recordation under this subsection shall be considered recorded despite its failure to conform to one or more of the requirements of this subsection, if the instrument is properly indexed in a public index maintained in the office of the register of deeds.
59.43(3)
(3) Register of deeds; deputies. Every register of deeds shall appoint one or more deputies, who shall hold office at the register's pleasure. The appointment shall be in writing and shall be recorded in the register's office. The deputy or deputies shall aid the register in the performance of the register's duties under the register's direction, and in case of the register's vacancy or the register's absence or inability to perform the duties of the register's office the deputy or deputies shall perform the duties of register until the vacancy is filled or during the continuance of the absence or inability.
59.43(4)
(4) Register of deeds; microfilming and optical disk and electronic storage.
